United States of America v. Wayne Martin

Albuquerque, NM - MAN FROM COCHITI PUEBLO SENTENCED TO 37 DAYS IN PRISON FOR VIOLATING MIGRATORY BIRD TREATY ACT



Wayne Martin, 47, of Cochiti Pueblo, N.M., was sentenced in federal court Wednesday to 37 days in prison for violating the Migratory Bird Treaty Act by shooting and killing at least two dozen protected birds and selling them to an undercover federal agent.



Martin previously pleaded guilty to this offense on January 5, 2017. According to court documents, he admitted to killing robins, hummingbirds, hawks, and other species. He then failed to appear in court for his original sentencing hearing and stayed away for 21 months before agents arrested him.



The U.S. Fish and Wildlife Service investigated this case with assistance from the Bureau of Indian Affairs.

Charge:

16:703 and 707(b): Migratory Bird Treaty Act

(1)

§703. Taking, killing, or possessing migratory birds unlawful

(a) In general



Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.

(b) Limitation on application to introduced species

(1) In general



This subchapter applies only to migratory bird species that are native to the United States or its territories.

(2) Native to the United States defined

(A) In general



Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” means occurring in the United States or its territories as the result of natural biological or ecological processes.

(B) Treatment of introduced species



For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless—



(i) it was native to the United States or its territories and extant in 1918;



(ii) it was extirpated after 1918 throughout its range in the United States and its territories; and



(iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.

SENTENCE IMPOSED: CBOP: 37 days or time served, whichever is less; Supervised Release: 1 year, with Special Conditions; SPA: $100